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Head Tax Heads for Repeal. What Happened, and What Happens Now?

The city council will hold a special meeting at noon tomorrow—just two days before the deadline for head tax opponents to turn in 17,000 signatures for a citywide referendum to overturn a tax on big businesses to help address Seattle’s growing homelessness crisis—to preemptively repeal the tax. The decision came just weeks after a bruising battle that resulted in the unanimous passage of a “compromise” head tax plan—$275, instead of the original $500—that was supported by all nine council members and signed by Mayor Jenny Durkan. Much like that proposal, today’s surprise repeal announcement emerged after a round of secret weekend negotiations, in which council members who supported the tax just weeks ago concluded that it was time to concede the fight. Polling on the referendum to repeal the tax reportedly spurred council members to reverse their support.

Earlier this afternoon, seven council members signed off on a statement from Mayor Jenny Durkan’s office supporting the repeal measure; only Teresa Mosqueda and Kshama Sawant, who denounced the “backroom legislation” during Monday’s full council meeting, did not signal their support for repealing the tax. The statement from the other seven council members said, in part:

“In recent months, we worked with a range of businesses, community groups, advocates, and working families to enact a bill that struck the right balance between meaningful progress on our affordability and homelessness crisis while protecting good, family-wage jobs. Over the last few weeks, these conversations and much public dialogue has continued. It is clear that the ordinance will lead to a prolonged, expensive political fight over the next five months that will do nothing to tackle our urgent housing and homelessness crisis. These challenges can only be addressed together as a city, and as importantly, as a state and a region.

“We heard you. This week, the City Council is moving forward with the consideration of legislation to repeal the current tax on large businesses to address the homelessness crisis.”

The $275-per-employee annual tax, which would have applied to the 585 highest-grossing businesses in Seattle, would have funded $47 million a year in services, shelter, and housing for Seattle’s homeless population. Without the tax, hundreds of new apartments will not be built, hundreds of new shelter beds will not open up at night, and thousands of people who would have received rental assistance, case management, or mental health care through the levy proceeds will continue to go without those services.

Opposition to the tax came not just from the usual suspects in the business community—Amazon, which threatened to pull employees from the city over an earlier version of the tax, pledged tens of thousands of dollars to the repeal effort, as did Starbucks, Kroger, and representatives of the hotel and grocery industries—but from groups with names like Speak Out Seattle and Safe Seattle, whose members gathered signatures on their own time to repeal a tax on giant corporations. The tax, which was the product of five months of meetings by a 17-member task force, was chosen specifically because it would not directly impact ordinary citizens (unlike a property tax or sales tax), but enough ordinary citizens opposed it to convince at least some council members that their voices represented the majority of Seattle.

“I think it reflects majority sentiment,” council member Sally Bagshaw says. “I do, and I’m sad. … Everywhere I went, clearly businesses were unhappy, but half of labor was unhappy. Neighborhoods and communities were saying, ‘We don’t see tents being moved off the street. We still see needles. We still see garbage. We’re not happy with this.'” Bagshaw did not mention polling on the head tax, nor did any of her colleagues.

Council member Rob Johnson, who was not directly involved in the weekend negotiations, says his primary concern in supporting a repeal of the head tax is the Families, Education, Preschool, and Promise (FEPP) levy, which funds pre-K through college education and is on the ballot in November. A referendum to repeal the head tax, he worried, might have put voters in an anti-tax mood and swept preschool funding away with it.

“As the person trying to get the [FEPP] levy across the finish line in November, I’m obviously excited about the opportunity to have a laser-like focus on that, as opposed to a potential referendum and the [FEPP] levy at the same time,” Johnson says. “I signed on because I think it gives us a much clearer pathway for success in November.” The last time the families and education levy was on the ballot, in 2011, it passed by more than 63 percent.

Council member Mike O’Brien, who has been targeted with an outsized share of the criticism from activists who oppose spending more money on homelessness (including a “town hall” in Ballard that immediately devolved into a profane one-way screaming match), says it became “increasingly clear” over the past couple of months “that the public is aligned with the business community, specifically the Chamber,” which has run a well-funded campaign to reframe the employee hours tax, which would be paid by employers, as a “tax on jobs,” which would harm employees and the city as a whole.

In a statement, council member Lisa Herbold—who signed the joint statement supporting repeal—denounced the Seattle Metropolitan Chamber of Commerce, which she said “has convinced the vast majority of Seattleites 1) of the tired, old conservative trope that increased levels of human suffering we see in our city is caused by government inefficiency rather than by the Gilded Age level income inequality in Seattle and elsewhere, and 2) that leading first with a regional funding approach, reliant on higher property or sales taxes for all taxpayers, is preferable to resources from those most benefiting from income inequality in Seattle paying their fair share.” Asked why she issued such a scathing statement after signing off on the joint statement supporting repeal, Herbold said, “I’m acting based on what I’m hearing” about the lack of support for the tax, but “I don’t agree with” repealing the tax.

Had Durkan brought the Chamber into the head tax negotiations earlier this year, instead of focusing on getting Amazon to stand down, the campaign might have looked much different, or not existed in the first place. But as things played out, “don’t tax jobs” became a rallying cry for both businesses and, importantly, citizen activists, who also glommed on to the idea that the city could get by without additional revenues by auditing its homelessness programs and “spending our existing dollars more efficiently.”

O’Brien says that with thousands of people sleeping outside and in shelters and transitional housing across Seattle and King County, “finding efficiencies” isn’t enough to make a dent in the crisis. “We absolutely need more funding for housing and services. We would have to make devastating cuts to other programs that everyone cares about to fund what we need to do with existing resources, so that’s just not possible,” he says. With the head tax, which the task force chose after rejecting other options as impractical or open to legal challenge, off the table, “there’s nothing that stands out that’s remotely promising, and that’s discouraging.” A city income tax is locked up in court, sales and property taxes are regressive and unpopular, and other options—like a capital gains tax on wealthy individuals, or a tax on corporate profits—are prohibited by law. There really just aren’t many options that aren’t either political suicide or downright illegal.

For months, the mayor and council have talked about the need for “regional solutions” to homelessness—that is, a tax that would not be borne solely by Seattle. But the region has shown little interest, so far, in coming up with such solutions. Last year, King County Executive Dow Constantine proposed a countywide sales tax as a replacement for a Seattle-only property tax measure floated by then-mayor Ed Murray, but that proposal has not been seen or heard from since. Meanwhile, a regional task force called One Table, which was supposed to come up with recommendations for funding homelessness services earlier this year, has canceled several meetings and is reportedly stalled. Mayor Jenny Durkan opposed an earlier, larger version of the head tax and signed the council’s legislation for the “compromise” that will be repealed tomorrow, but has never come forward with an alternative proposal of her own, leaving the council in the driver’s seat on spending, for better or worse.

Mosqueda, one of the two council members who did not sign off on the statement advocating repeal, said today that the head tax the council approved was “the best idea at the time”—better, at least, than nothing, which is what the city is left with now. “I am happy to support an alternative strategy, but I need to know that there’s a proposal, so that folks have light at the end of the tunnel, so that there is housing on the horizon, so people can get off the streets and not continue to suffer and live outside.”

O’Brien expressed a sentiment that has been bubbling for weeks at city hall, on homelessness and other issues: “We need leadership from the mayor. We can’t say we’re not going to do anything. If there’s not a regional solution, we have to do something else. She’s been here six months now, and she needs to make this her top priority.” The mayor’s office did not respond to a request for further comment beyond the joint statement. But she did not present a plan to deal with the defeat of the head tax, which would have funded her proposal to add 1,000 new beds at shelters around the city, announced last week. “We’ll burn that bridge when we come to it,” Durkan joked at the time. And here we are.

Every year, the City has been spending tens of millions of dollars to solve homelessness, without notable successes. The spending plan for head tax revenues sounded like more of the same.

The City needed to explain how this time would be different, how head tax revenues would not just repeat previous failures. But the City didn’t do that, or perhaps they couldn’t because the new spending really was just more of the same.

With this – CMs Mosqueda and Sawant seem to have shown that they are the only CMs willing to stand behind their beliefs. (credibility)

Event Sawant haters have to give her credit for being consistent – whereas the rest of the Council…??? flip-flop, flop-flip. :-/

Herbold and O’Brien both seem to be claiming some kind of Chamber of Commerce conspiracy theory – but they’re signing on with the repeal anyway? Confusing and strange.

And, ff the Council is willing to cave and be unpredictable in the face of (~45k?) signatures – before it even gets to vote – how bizarre is their behavior going to turn as we head into the next election cycle and they start reacting to public opinion polls, etc.

Why not just let the referendum run its course?

If the repeal loses ‘bigly’ – that gives Council clear mandate for more aggressive spending plans. If the repeal wins – it seems a much better time to fold up the tent and call a reset on planning.

re: avoiding costs – what exactly are the administrative costs to the city/county of including a referendum on the ballot?

seems like signature verification and legal review would be the most expense hurdles – but curious if there is ‘prior art’ that can be referenced from a public disclosure perspective that would show us just exactly what it would cost us to keep it on the ballot.